May v. Emerson
Oregon Supreme Court
From Baker: William Smith, Judge. This is an action of ejectment by W. J. May against Keuben Emerson, and from a judgment in favor of plaintiff, the defendant appeals. Statement by Me. Justice Eakin. This is an action of ejectment, commenced on October 23, 1907, to recover the possession of lots 35 and 36, in block 11, Stewart’s second addition to Baker City.
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From Baker: William Smith, Judge. This is an action of ejectment by W. J. May against Keuben Emerson, and from a judgment in favor of plaintiff, the defendant appeals. Statement by Me. Justice Eakin. This is an action of ejectment, commenced on October 23, 1907, to recover the possession of lots 35 and 36, in block 11, Stewart’s second addition to Baker City. The answer admits that defendant is in possession, and alleges that he is the owner of the lots in fee simple; and as a second defense alleges possession under a contract of purchase, as disclosed in the stipulation of facts, which…
1Opinion of the CourtJustice Eakin
1. The first matter for consideration is the effect of plaintiff’s judgment lien and execution sale upon defendant’s prior possession, under his purchase and escrow deed from Dugan and wife, defendant contending that when the conditions under which the escrow deed was deposited with Hughes were fulfilled, the deed related back to, or took effect from, the date of such deposit, and thus cut off the lien of plaintiff’s judgment. The sale by Dugan to the defendant, and the deposit of the deed with Hughes, created in the defendant an equitable interest in the property, such that, upon full…
2Cases cited26 opinions
- Lessee of Clarke v. CourtneySupreme Court of the United States · 1831
- Prutsman v. BakerWisconsin Supreme Court · 1872
- Taft v. TaftMichigan Supreme Court · 1886
- Moyer v. . HinmanNew York Court of Appeals · 1855
- Tayloe v. Thomson's LesseeSupreme Court of the United States · 1831
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- Heider v. DietzOregon Supreme Court · 1963
- Security Bank v. ChiapuzioOregon Supreme Court · 1987
- Gaona v. Gonzales, Texas Court of Appeals, 3rd District (Austin)1999
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